Monday 11 February 2019

Sims sues Trump; shutdown resolution; crowd size spat; Enquirer updates; Mueller's end game; Nicki Minaj vs BET; Grammys ratings; Hulu's new shows

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Exec summary: Here are details about American Media's probe, David Spade's new show, BET's apology to Nicki Minaj, and much more...


"LOL."

Before President Trump's rally in El Paso, TX -- his first such gathering of the year -- on Monday night, CNN's Betsy Klein spoke with a source about what to expect at the rally. When she asked about Trump's repeated usage of widely debunked stats about violent crime in El Paso, the source sarcastically responded, "LOL."

So that's where we are, two years into the Trump presidency. Some people laugh about his politically expedient lies. Other people suffer.

For the record, Trump stayed away from that particular falsehood on Monday night, according to Daniel Dale, but he repeated many other lies -- even about the size of his crowd. Read Dale's incredible fact-checking Twitter thread here...

 >> "Where are the fact-checkers?" Trump said at one point. "You know, some of the most dishonest people in media are the so-called fact-checkers."

 

The Hannity veto?

Minutes before Trump took to the stage, this news broke on Capitol Hill: "Congressional negotiators say they have reached an agreement in principle to avert a partial government shutdown at the end of this week." Here's the latest from CNN's team.

But there's already some conservative criticism of the deal. "Any Republican that supports this garbage compromise, you will have to explain," Sean Hannity said Monday evening. Charlie Sykes called it "the Hannity veto..."

 >> Trump is not endorsing the deal: "A lot of things have changed, and we'll see what happens," he told Laura Ingraham in an interview right before the rally...

 >> CNN's Manu Raju tweeted: "One thing is clear" from this deal: Trump is "not getting $5.7B for the wall as he's been demanding for weeks and that led to the government shutdown. The question is will he sign off on the emerging deal and try to act administratively to fund the rest of it -- despite the risks..."

 

The difference between Fox and the others


Monday night's cable news coverage was really revealing. "El Paso, Texas is a major American city with a population the same size as Boston. It is more than big enough to hold two competing presidential campaign style events at the same time, and it did that tonight," Lawrence O'Donnell said on MSNBC.

Indeed, Beto O'Rourke's counter-rally was a big deal. Trump repeatedly brought it up. But MSNBC's liberal prime time lineup only showed short snippets of his rally. CNN discussed the city's anti-Trump march, but didn't show Beto's speech. On the flip side, Fox News showed virtually all of Trump's rally live -- even though it lasted more than an hour. The next time someone claims Fox and MSNBC are mirror images of each other, just cite Monday night as an example of the difference...

 

How the El Paso Times is covering the dueling rallies


One of the paper's top headlines on the website is "Trump says 10,000 at El Paso County Coliseum rally; Fire Department says not true."

For full local coverage, click here...

 

Trump's messages

 
"The wall's being built, it will continue, it's going at a rapid pace," he told his fans on Monday night, despite the political walls he's up against.

Watching his speech, I was struck by his rhetorical usage of "we" and "you." He said "WE have suffered a totally dishonest media, and WE'VE won, and it's driving them crazy. It's driving them crazy."

And: "I didn't save our country," he said a little while later, "YOU saved our country..." And "the world is watching..."
 

IN OTHER NEWS...


Cliff Sims sues Trump


This is a novel lawsuit... potentially forcing a real legal proceeding over Trump's non-disclosure agreements... and it was foreshadowed two weeks ago when "Team of Vipers" came out.

Trump cited Cliff Sims' NDA, and then a Trump campaign aide threatened to sue, prompting multiple lawyers to say, in effect, "I dare you." Mark Zaid said he would take up Sims' case "pro bono." (I quoted Zaid in this story.)

Now Zaid IS Sims' lawyer. "The U.S. Government is intentionally and unconstitutionally engaging in a subterfuge effort to use a private entity, Donald J. Trump for President, Inc., to do its bidding to silence Mr. Sims when it is really the intense powers of the Presidency coming down upon a sole individual," Zaid asserted in Monday's suit.

Per CNN's Kate Sullivan, "the lawsuit requests a court ruling that Trump 'may not enforce, whether directly or through non-U.S. Government cutouts, any nondisclosure agreements that seek to unconstitutionally infringe upon his First Amendment rights.'" More here...
 

Another reason why this lawsuit matters


Maggie Haberman, who broke the news about Sims' lawsuit, tweeted: "The suit gets at the heart of what the president has attempted to be simultaneously over the last two years - both a private citizen and the holder of the highest office in the land..."
 

FOR THE RECORD, PART ONE

 -- Zachary B. Wolf's latest: "Trump's racist Elizabeth Warren taunts have entered a new phase..." (CNN)

 -- Poppy Harlow will moderate CNN's second town hall of the 2020 season, with possible presidential contender Howard Schultz, Tuesday in Houston... 10 p.m. ET...

 -- "Frontline" and the WSJ are working together for the first time... "Predator on the Reservation," a joint investigation, premieres Tuesday... (PBS)
 


Today's Bezos updates


Monday's main development was a scoop by the WSJ: The National Enquirer's parent company American Media (AMI) "sought advice last year from the U.S. Justice Department over whether the publisher should register as a foreign agent." The DOJ's response letter, available on the web, all but confirmed it. While American Media's name is redacted, the details match up perfectly.
Think back to the spring of 2018. Michael Cohen has been raided. American Media has been subpoenaed. The company, wanting access to Saudi financing, has published a fawning pro-Saudi publication. And news outlets have been asking questions about this curious piece of propaganda on supermarket checkout shelves. THAT'S the backdrop for AMI's outreach to the DOJ. 

The government concluded that AMI did not need to register as a foreign agent because, even though the publisher "sought out comments" from a Saudi advisor before publishing, there was no financial deal with the Saudis. The open question: Did AMI publish the brochure with the hopes of striking a deal later?

If so, it didn't work. Pecker's lawyer, there was never any Saudi $$ deal. And AMI said in a new statement on Monday that it "does not have, nor have we ever had, any editorial or financial ties to Saudi Arabia." Here's my full story...

 

What will AMI's investigation find?


After the Bezos allegations against Pecker hit last Thursday, AMI announced that its board of directors had convened and ordered an immediate investigation. Many of us scoffed at the idea of the four-man board investigating itself. But VF's Joe Pompeo reported Monday night that the board "has retained an outside firm to conduct the probe," per a source "familiar with the matter." AMI declined to comment...

 

Two theories of the case


On "Erin Burnett OutFront," I outlined two theories about Bezos and Pecker, fully acknowledging that we don't know if either is what really happened.

#1: Bezos was the victim of a blackmail attempt and a complex, politically-motivated plot that may involve a "Saudi angle" and the Trump White House. His photos and texts may have been obtained illegally. His blog post began to expose the geopolitics and grudges that are involved. 

#2: Bezos fell in love with a woman with Hollywood connections and the Enquirer found out, because that's what tabloids do. His security chief's probe and the Enquirer's panicked reaction enabled Bezos, through a blog post, to reframe the story -- making him out to be a journalistic hero rather than an embarrassed tech exec.

In this Monday night tweet, the NYT's Edmund Lee said it more concisely than I can. "There's still a lot about the Bezos-Enquirer saga that hasn't been explained," he wrote, "and I suspect a lot of the theorizing bandied about (including in Bezos's) own blog post will remain theories. I think Occam's razor will hold."
 

FOR THE RECORD, PART TWO

 -- Alex Weprin tweeted: "Per its latest quarterly 8-K filing, Meredith Corp. says it expects to 'finalize' the sales of Sports Illustrated, Money and the ad tech company Viant by the end of the fiscal year, which will be June." (Twitter)

 -- The back-and-forth between Gannett and its unwanted suitor, Alden Global Capital's Digital First Media, continued on Monday... Kimberly Chin has updates here... (WSJ)

 -- The Post has a big new story about a specific part of Alden's "mercenary" strategy: Buying and selling newspaper buildings. Check it out... (WaPo)

 -- No one understands this world like Ken Doctor. Read his brand new piece about the "consolidation games" here... (NiemanLab)

 

Lowering expectations about Mueller's end game...


Or merely resetting out-of-control expectations? Here are three examples of something I'm noticing a lot these days:

 -- USA Today's Kevin Johnson and Bart Jansen: "As the inquiry grinds closer to its conclusion, there are signs that the public might never learn the full extent of what Mueller has – or hasn't – found.."

 -- Jeffrey Toobin in this week's New Yorker: "The Watergate scandal was like Shakespeare—a drama that built to a satisfying climax. The Russia story is more like Beckett—a mystifying tragicomedy that may drift into irresolution. Did Trump collude, and did he obstruct justice? Mueller may never have the answers."

 -- ABC's "The Investigation" podcast debuts Tuesday with Kyra Phillips interviewing former Trump lawyer John Dowd. He told her: "I will be shocked, if-- if anything regarding the president is made public, other than, 'We're done.'"
 


Eye on Walmart's streaming plans...


"NBCUniversal International Group chairman Cesar Conde has been appointed to Walmart's board of directors," Jordan Valinsky writes on the CNN Business live story. Conde "currently oversees NBCUniversal's operations outside of North America... Conde's appointment might help guide Walmart with its entertainment plans..."

 --> Speaking of Walmart: Bloomberg has a smart story about how Walmart and other retailers want to follow in Amazon's footsteps and grow their ad businesses...
 

FOR THE RECORD, PART THREE

 -- Amid ongoing ad boycotts against some of its opinion hosts, Fox News is rolling out a new pitch to advertisers that emphasizes "its news anchors," Brian Steinberg reports. Of course, Sean Hannity draws a much much bigger audience than Shep Smith, but there's business logic behind Fox's push... (Variety)

 -- LinkedIn is launching "live video, giving people and organizations the ability to broadcast real-time video to select groups, or to the LinkedIn world at large..." (TechCrunch)
 

Shari Redstone is promoting podcasting


"Audio is going to be a big driver of media consumption going forward," Shari Redstone told Bloomberg's Anousha Sakoui in an interview. "The more complicated society gets, the more of a place there is for audio platforms," Redstone said.

She says she listens to CBS programs like "Face the Nation" via podcast... And her investment fund has made several bets on podcast ventures...
 

QUOTE OF THE DAY

"The path to the next golden age in American journalism isn't nostalgia for a vanishing past but the same way that led to the previous golden age, namely, that of profit. More than likely, given the new business models, this will mean some partiality from journalism as well. That's just fine too. It's what Ben Franklin would have done."

--Antonio García Martínez's latest for WIRED, about journalism "returning to its roots..."
 
 

Outrageous tweet causes Nicki Minaj to back out of BET festival


File this under "never tweet:" BET's website posted a "saucy headline" about Nicki Minaj and Cardi B after Cardi won the best rap album Grammy on Sunday night," LAT's Gerrick D. Kennedy reports.

The tweet said "Nicki Minaj is being dragged by her lacefront." Minaj's fans "flooded the network's social media accounts in support of the rapper." In short order Minaj announced that her fans "should get refunds for her scheduled performance as part of the network's BET Experience festival."

"The loss of Minaj and her labelmates are a massive blow for the event, set for June 20-23 at L.A. Live, which has recently struggled to recapture the buzz it had during its infancy," Kennedy adds.

 >> I think this is a fascinating story because it shows the power of talent, the power of fans and the practical risks of a tweet that ticks off the wrong people...
 

How BET responded


The network profusely apologized to Minaj, praised her, pledged to continue supporting her career, and apologized to her fans.

"Unfortunately, the respect we have for Nicki was violated by this post that should never have been written," BET said in a statement. "The post does not reflect how we feel about Nicki." Now there's an "internal audit to assure these types of posts are not published again." 

In other words: Minaj, please come back! "We have apologized to Nicki and her team," the network said. "The post has been removed and we have taken additional appropriate action. We understand Nicki's position and look forward to continuing our dialogue with her."
 

FOR THE RECORD, PART FOUR

 -- There's already a big backlash against this move: "In a break with tradition, the Oscars in four categories will be presented during commercial breaks when the 91st Oscars are broadcast by ABC on Feb. 24. The affected categories are cinematography, film editing, live action short and the category of makeup and hairstyling..." (THR)

-- Speaking of the Oscars: Monday's LA Times was wrapped in a front-page ad extolling "Black Panther" as a "game-changing film" that brought people into theaters and "reaffirmed" the medium... (Twitter)

 -- Chloe Melas emails: A rep for Richard Gere tells me he and his wife Alejandra have welcomed a baby boy... (CNN)
 
 

Will David Spade work at 11:30?


"Hey guys," David Spade tweeted Monday, "I'm going to do a new nightly show on @ComedyCentral right after the Daily Show."

With this new idea, Comedy Central is "veering away from politics," THR's Rick Porter wrote. "Spade and a rotating group of his comedian and celebrity friends will break down the pop culture news of the day. It will also include field pieces that mirror Spade's Instagram stories..."

Grammys are likely happy to hit this flat note


Brian Lowry emails: After last year's precipitous decline, the Grammys,­ and indeed, the entire awards-industrial complex, including the upcoming Oscars, were likely relieved to see the overall audience for the awards tick up slightly, to 19.9 million viewers. On the down side, the rating within the key adults 18-49 demo dipped again, to an all-time low, indicative of the ongoing challenges that broadcasting faces. Read on...
 

More Grammys headlines


 -- Lisa Respers France emails: This year's Grammys was full of firsts...

 -- More from Lisa: Before they even hit the Grammys stage, Smokey Robinson called Jennifer Lopez Motown tribute complainers "stupid..."

 -- Bloomberg's Lucas Shaw followed up on why "the biggest winner at the Grammy Awards Sunday night wasn't in attendance..."
 
 

Hulu and the "Fyre" sale


Brian Lowry emails: Hulu appeared at the TV Critics Association press tour on Monday, with programming head Craig Erwich acknowledging that the service "moved very quickly" with its "Fyre Fraud" documentary series to "get out ahead" of Netflix, and its rival project. Erwich noted that the two merely enhanced the overall moment for the event, noting that his streamer's "Fyre" was currently its most-watched title...
 

"Hulu can play the star-power game, too"


Martin Scorsese and Leonardo DiCaprio's adaptation of "The Devil in the White City" has been in the works for years. Now it has a home: Hulu. VF's Laura Bradley calls it the site's "most impressive get since 'The Handmaid's Tale.'"

On Monday Hulu also "dropped a trailer for its upcoming Catch-22 adaptation, which stars George Clooney." Bradley says "Hulu's message seems pretty clear: Hulu can play the star-power game, too..."


More Hulu news


Brian Lowry emails: Hulu also announced other projects on Monday, but one in particular points to its synergistic role in light of the Disney takeover: Four animated programs from Marvel, including one based on Howard the Duck, a hit comic book whose 1986 movie adaptation remains practically synonymous with laying a giant egg.

  >> Hulu also announced that it will bring back its most-lauded show, "The Handmaid's Tale," in June, meaning it will miss the 2019 Emmy-eligibility window...
 

More streaming talk at TCA


Brian Lowry emails: TBS/TNT programming head Kevin Reilly -- recently promoted to oversee content for WarnerMedia's planned streaming service -- broadly outlined the studio's strategy for that venture.

In a nutshell, it involves building on "the foundational ethos of HBO," while capitalizing on its portfolio of assets across audience segments, beginning with shows for children drawing from Warner Bros. properties. Reilly also said WarnerMedia is "very interested" in properties from the CW, which currently has lucrative deals for many of its shows with Netflix, and to expect that the "crown jewels" of Warner Bros. will end up on the new service. Although the media world is evolving, Reilly said Turner's key brands "will be among the ones left standing." The still-unnamed service is targeting a fourth-quarter launch with a beta product, he said, and a full introduction -- including new original content -- next year. (CNN, it's worth noting, is part of WarnerMedia.)
 
 

Sam Bee back in DC for WHCA weekend


One more note from Lowry: As part of Turner's day, TBS's "Full Frontal with Samantha Bee" also announced its second "Not the White House Correspondents' Dinner," to be held at DAR Constitution Hall, "assuming there still is a Washington, D.C. by April," per the press release...
 

ICYMI...

How to catch up on Sunday's show


Watch clips from Sunday's "Reliable" on CNN.com... Read the transcript here... Listen to the pod via Apple Podcasts, TuneIn, Stitcher, or Spotify... Or catch the entire episode via CNNgo or VOD...
 
Thanks for reading! Email me anytime with feedback, story ideas, etc... See you tomorrow...
 
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